- (1.) Both the appeals and special leave petitions can be dealt with under a common judgment since the appellants/petitioners took trial before the learned VI Additional District and Sessions Judge, Moradabad with reference to the occurrence that took place on 12/05/1976.
(2.) They were tried for offences under S. 302/34, 324/34 and 323/34 Indian Penal Code. The case of the prosecution is shortly as follows.
(3.) Kumari Bina, daughter of Chunni Lal (PW 5 was residing in Mohalla Faizabad, Moradabad. She was a student of Prabha Devi Kanya In- 9 ter College, Bans Mandi, Moradabad. Rajiv Kumar Mehrotra, petitioner 1 in Special Leave Petition (Cri. ) Nos. 3081-82 of 1984 used to pass indecent remarks against her and teased her. Bina complained to her father Chunni Lal (PW 5 who contacted his cousin Ram Lobhaya alias Khairati (PW 2. Both these persons met Ram Narain Lal, advocate, father of Rajiv Kumar and complained tohim about the misconduct of his son. Ram Narain Lal expressed inability to help them and control his son. While Chunni Lal (PW 5 was returning home Rajiv Kumar and five or six of his companions met him and threatened him with dire consequences. Chunni Lal (PW 5 narrated this incident to his cousin Ram Lobhaya (PW 2 who also met Ram Narain Lal but without success. Chunni Lai (PW 5 preferred a written complaint to the Circle Officer, City, Moradabad on 10/05/1976 about the conduct of Rajiv Kumar. Rajiv Kumar and his companions got infuriated by the conduct of Ram Lobhaya (Public Witness 2.;